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Update Concerning Recent Executive Orders Issued

  • Leadership
Update Concerning Recent Executive Orders Issued

Dear Five Star Community, 

Over the past several weeks, staff throughout the district have received a variety of questions regarding the district's planned response in the event employees from Immigration and Customs Enforcement (ICE) seek contact with a student or staff member on school property; whether there are risks to funding that the district receives from the federal government; and if executive orders issued this week change the district's policies regarding treatment of transgender staff and students. Some of our responses have been directed back to the person(s) requesting information; some have been sent to principals; and some of them have required review of lengthy orders with a variety of cross references before providing answers.

This letter is intended to bring all of the Five Star Community up-to-date regarding our analysis and response to these orders. 

Board of Education Resolution

On Jan. 15, our Board of Education unanimously adopted a resolution in which it reaffirmed long-standing commitments to support the safety and emotional well-being of all students regardless of disability, race, creed, color, sex, sexual orientation, gender identity or expression, national origin, immigration/citizenship status, religion, ancestry, family compositions, or physical characteristics. The full resolution can be found online.

We are committed to operating public schools in which people with different beliefs, backgrounds and needs can come together as part of a respectful and engaging learning community and are grateful to all in our community who join us in that effort.

Issues Regarding Citizenship and Immigration Status

  • The United States Supreme Court ruled more than 40 years ago that children have a constitutional right to attend public schools regardless of their citizenship status. As a result, public schools throughout the country, including Adams 12, do not ask students about their citizenship status.
  • Last week, the Department of Homeland Security (the federal agency that includes ICE) withdrew a 2021 memorandum that designated schools as a "protected area" where federal immigration officials should not conduct enforcement activities.
  • I have been in close contact with superintendents throughout the state following issuance of this order. There have been no reports by these officials of ICE activities at schools anywhere in Colorado. We receive daily updates from national organizations and media sources regarding school news; and they, too, indicate that there have not been ICE activities at schools anywhere in the nation to date.
  • We have long-established procedures for responding to requests from the Department of Human Services, court-appointed legal counsel, and other government officials who want to contact students at school. In the event that an ICE official came to a school, we will follow similar procedures. 
    • Staff will direct the official to the school's vestibule where office staff will ask for official identification that shows the agency they work for; 
    • Ask if the individual has a warrant or court order indicating that the ICE official is authorized to have contact with an individual at school; 
    • Contact the district's legal department for review of the information and guidance about whether the official should be granted permission to contact the identified student or staff member; 
    • Have the official wait in the school's vestibule until legal direction is received. 
    • If it is determined that ICE officials have a valid judicial order to have contact with the student at school, the parent/guardian will be notified according to our standard policy and procedures. In the event of an emergency, that notification may not happen immediately, but will occur as soon as possible.
  • We have seen a decline in school attendance in many of our schools over the past two weeks. Parents who have concerns about sending their children to school given the recent executive orders should contact their school principal so that we can work together to identify alternative means to support the educational needs of their children.
  • We will keep our website updated with the latest information on this topic.

Federal Funding Freeze

The federal Office of Management and Budget issued a memo earlier this week imposing a freeze on a variety of federal disbursements and grants. The memo was rescinded two days later. There have been no freezes or rescissions implemented to date of funding that we receive to support students with special education needs, who attend Title I schools, who receive meals at school, or other programs that we are relying on to serve students this school year.

Orders Concerning Transgender Staff/Students 

The president has signed an executive order declaring that the federal government recognizes only two genders; that imposes restrictions on the use of federal funding for some medical procedures and treatment related to gender identity. A second executive order calls for detailed plans to be issued within 90 days by his cabinet secretaries concerning gender and equity practices in K-12 schools. 

The executive order focusing on two genders applies to the federal government and its activities. Colorado laws that govern public schools recognize a continuum of gender and set forth requirements for our treatment of transgender students and staff. District policies 8400 and 8410 describe how we address discrimination and sexual harassment under state law and Title IX. We remain committed to supporting all students in our schools and will continue to follow these laws and policies. Similarly, we will monitor the plans expected from the federal cabinet secretaries in the next three months to determine if we need to make adjustments to our practices.  

Conclusion

We anticipate additional executive orders issued related to K-12 education, as well as possible changes to laws and regulations by Congress and in the courts. We'll continue to monitor these developments and inform you if we need to make adjustments to our policies or practices to comply with these changes. At this time, however, the bottom line is that how we support student learning and wellbeing at school has not changed. And moving forward, our commitment to valuing, respecting and serving the diverse children entrusted to our care is unwavering. 

Sincerely,

Chris Gdowski
Superintendent